VISA COUNSELING:

[Husbands Wives & Partners] -*- [Investors] -*- [Setting up in Business]

This link explains if you want to settle in the United Kingdom (UK) as the husband, wife, fiancé, fiancée or unmarried partner of someone who is coming to the UK or is already settle in the UK. It only guides you to answer some common questions.

 

Can I join my husband, wife, fiancé or fiancée in the UK?

You can apply to your husband, wife, fiancé, fiancée in the UK as long as:

• They currently live and are settle in the UK, or
• They are coming to live permanently in the UK

How do I qualify to join my husband or wife in the UK?

You must show that:

• You are legally married to each other
• Your husband or wife is present and settle in the UK
• You both intend to live together permanently in the as husband and wife
• You have met each other before
• Together you can support yourself and any dependents without any help from public funds
• You have suitable accommodation, which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Your husband or wife is not under 18
• You are not under 18

If your husband or wife has more than one wife or husband, only one will be allowed to join them in the UK.

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK. The Immigration and Nationality Directorate (IND) will deal with your application to stay permanently and give you information on what you will need to do.

If you and your husband, wife or partner have been living together outside the for four years or more, and they have been a British citizen for four years or more, there will be no time limit on how long you can stay in the UK.

What does ‘present and settled’ means?

‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. ‘Present and settled’ means that the person concerned is settled in the UK, and at the time your application will be consider under Immigration Rules, in the UK or is here coming with you, or to joins you and plans to live with you in the UK if your application is successful.

How do I qualify to join my fiancé or fiancée in the UK?

You must show that:

• You plan to marry within a reasonable time (usually six months)
• You plan to live together permanently after you are married
• You have met each other before
• There is somewhere for you and your dependents to live until you get married, and you will be able to live without help from public funds, and
• You and your dependents can be supported without working or claiming any help from public funds

You will be allowed to live in the UK for six months but without permission to work. When you are married, you can apply for a two years extension to your visa, and if your application is granted, you will be allowed to work. Near the end of this time, you can apply to stay in the UK permanently.

Can I join my unmarried partner in the UK?

You can apply to join your unmarried partner in the UK as long as:

• They currently live and are settled in the UK, or they are coming to live permanently in the UK, and
• You are aged over 18 and your sponsor is over 18

How do I qualify to join my unmarried partner in the UK?

You and your unmarried partner must show that:

• any previous marriage or similar relationship has permanently broken down
• you have been living together in a relationship similar to marriage for two years or more
• you have suitable accommodation, which is owned or lived only by you and your household., and where you and your dependents can live without any help from public funds
• you can support yourselves and any dependents without any help from public funds
• you intend to live together permanently
• your partner is under 18, and
• you are not under 18

The Entry Clearance Officer will need to see evidence of a two year relationship.

This may include

• documents showing joint commitment, such as bank accounts, investments, agreements or mortgages
• letters linking you to the same address
• official records of your address, such as your National Insurance card or health card
At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, you can apply to stay permanently in the UK.

Do I need a visa?

You must get a visa before you travel to the UK as a husband, wife, fiancé, fiancée or an unmarried partner.

The rules for going to the UK are different if you or your husband or wife (your ‘sponsor’) are a national of another member state of the European Economic Area (EEA) or Switzerland. EEA members are the member states of the European Union, plus Iceland, Norway and Liechtenstein. The rules are also different if you can claim British citizenship or another connection with the UK, for example through a parent or grandparent.

What is a visa?

A visa is a certificate that is put into your passport or travel document by an Entry Clearance Officer at a British Mission overseas. The visa gives you permission to enter the UK.
If you have a valid visa, we will not normally refuse you entry to the UK unless your circumstances have changed, or you gave false information or did not tell us important facts when you applied for your visa.
When you arrive in the UK, an Immigration Officer may ask you questions, so take all relevant documents in your hand luggage.

How do I apply for a visa to settle in the UK?

You will need to fill in a visa application form (VAF I – non-settlement). You can get a form, free of charge form your nearest British Mission overseas where there is a visa section. You must apply for your visa in the country of which you are national or where you legally live.

What will I need to make my application?

You will need the following.
• A visa application form (VAF I – non-settlement), which you have filled in correctly.
• Your passport or travel document
• A recent passport sized (45mm x 35mm) colour photograph of yourself.
This should be:
? taken against a light coloured background
? clear and of good quality, and not framed or backed
? printed on normal photographic paper
? full face and without sunglasses, hat or other head coverings unless you wear this for religious or cultural reasons
• The visa fee. This cannot be refunded, and you must normally pay it in the local currency of the country where you are applying
• Supporting documents relevant to your application

What supporting documents should I include with my application?

You should include all the documents you can to show that you qualify for entry as a husband, wife or partner.
As a guide, you should include:
• your birth certificate
• your marriage certificate (if you are married)
• your sponsor’s birth certificate
• recent statements or letters from your sponsor’s UK employer, bank, local authority or building society to show what support and accommodation will be available for you in the UK
• letters from you and your sponsor that are relevant to your application
• a divorce certificate or death certificate of your husband’s or wife’s previous wife or husband (if either of you have been married before), and
• evidence that your sponsor is settled in the UK. (this can be a copy of their passport or registration certificate that has been confirmed as a true copy, in other words certified)

What will happen when I make my application?

The Entry Clearance Officer will try to make a decision using your application and supporting documents you have provided. If it is not possible, they need to interview you.
The Entry Clearance Officer will refer your application to the Home Office before issuing you visa.
Please check your visa when you get it. You should make sure that:
• Your personal details are correct
• It correctly states the purpose for which you want to come to the UK, and
• It is valid for the date on which you want to travel. (you can ask for it to be post-dated) for up to three months if you do not plan to travel immediately)

What are public funds?

• Income Support and Job Seekers Allowance (JSA)
• Help with housing and homelessness
• Housing benefit and Council Tax Benefit
• Working Tax Credit
• Social Fund Payment
• Child Benefit
• Disability Allowance